How To File A Domestic Violence Lawsuit?
As per a research report, more than 12 million tend to become victims of physical violence, rape, or stalking by someone close. Pretty alarming, right? Hence, if you have been or are in an abusive relationship, we?ll ask you to remove yourself from that aura as soon as you can.
And, if possible, you may try to Get help with domestic violence too. Please read this article till the end to know more about this aspect.
When Can You File A Lawsuit?
As per the constitution of the USA, you have a personal right to file an injury claim against a person who?s harmed you.
The list of people can include the following –
- A former spouse.
- A domestic partner, or
- Your current spouse.
However, there?s a catch. You can?t charge an individual for the same purpose more than one time in a criminal court. Nonetheless, they?re not really protected from claims that may arise after committing the same violent act.
You?ll have the right to file a civil lawsuit against them if they have harmed you in some way. It will be applicable even when the person is already convicted for a criminal case.
For example –
Let?s assume that your partner has been convicted in an aggravated assault lawsuit. Hence, if you want, you can also file a personal recovery claim against them. This, in turn, will prompt them to pay your medical expenses, pain or suffering, and lost wages.
Disclaimer
Tackling a Domestic violence defense all alone isn?t easy at all. Hence, it?d be best if you did opt for a lawyer. They go through the essentials of your case to ensure that you?re not getting scammed or anything by the defendant. Processing the paperwork will also be much easier.
Types Of Domestic Violence
The sense of violence from your domestic or intimate partner can come in more than a single form. Keep reading to know more about this context.
1. Physical Abuse.
Slapping, hitting, burning, choking, hair-pulling – all of these are considered to be a part of a physical abuse violence segment. And, it does fall under a personal injury claim as well.
2. Sexual Abuse.
This will include the issue of being forced to have intercourse with a certain someone. If you want, you can also file the same in the case of unwanted pornography.
3. Isolation.
In this case, an abuser will isolate their target to have some sort of control over them. In some cases, it might also be implemented to stop them from seeking any kind of advice. However, it is a form of psychological torture and, therefore, is subjected to a lawsuit.
4. Economic Abuse.
Controlling or withholding money is a form of abuse or manipulation that abusers do to stop their partners from leaving them. Again, like the former, it can be used to prevent them from seeking any type of advice or anything as such too.
5. Stalking.
Stalking, in essence, is a type of terrorism that can happen while you?re dating or are already in a relationship. In this case, the abuser will try to follow the victim to their working place or anywhere else they?re going. And, it can be quite unnerving for the victim too.
How To File The Lawsuit?
Unlike any other law-related proceedings, you don?t really have to do too much to file claims against the molester or abuser. Just hire a Domestic violence defense lawyer and tell them all about what you?re experiencing. Depending on your case, you might have to complete a little bit of paperwork as well. However, your attorney will help you with it. So, no worries.
The Final Say
Domestic violence has become quite an enormous issue in the USA.
According to a report, almost 84% of people are abused psychologically, while the number of physical issues is around 50%. Hence, like many others, if you, too, are experiencing such an issue, please talk to an attorney as soon as possible.
Or else, it might affect your physical and psychological health tremendously!
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